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Enforceable undertakings : a new mechanism for minimum labour standards’ enforcement

Goodwin, Miles & Maconachie, Glenda J. (2012) Enforceable undertakings : a new mechanism for minimum labour standards’ enforcement. In 26th AIRAANZ Conference 2012 : Re-organising Work, 8-10 February 2012, Surfers Paradise, Australia.

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Abstract

Regulatory commentators have identified the need for more responsive regulation to allow enforcement agencies to respond to different types and degrees of non-compliance. One tool considered to support responsive enforcement is the Enforceable Undertaking (EU). EUs are used extensively by Australian regulators in decisions that forego litigation in exchange for offenders promising to (amongst other things) correct behaviour and comply in the future. This arguably allows regulatory agencies greater flexibility in how they obtain compliance with regulations. EUs became an additional enforcement tool for the Fair Work Ombudsman (FWO) under the Fair Work Act 2009. This paper is a preliminary exploration of the comparative use of EUs by the Australian Competition and Consumer Commission and the FWO to assess their effectiveness for the minimum labour standards' environment.

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ID Code: 48730
Item Type: Conference Paper
Keywords: Minimum Labour Standards, Enforcement, Australia
ISBN: 9780980608540
Subjects: Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000) > BUSINESS AND MANAGEMENT (150300) > Entrepreneurship (150304)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Management
Copyright Owner: Copyright 2012 Please consult the authors.
Deposited On: 20 Feb 2012 11:02
Last Modified: 18 Jul 2012 11:12

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